Other Assault Charges Mischief Over $5000

Mischief Generally:

In legislative parlance, the word is often used to signify the evil or danger which a statute is intended to cure or avoid. In the phrase “malicious mischief,” (which see,) it imports a wanton or reckless injury to persons or property.

Mischief to property is a general intent offence.

 

Legal Defences:

A few defences to this charge is legal justification or excuse and colour of right.  The Defendant must show that s/he believed in a state of facts which, if actually existed, would constitute a legal justification or excuse.

 

Mens Rea – Mental Element of the Defences:

Colour of right is based on the Defendant’s subjective, honest belief that at the time of the offence, s/he had a colour of right.  While the belief does not have to be reasonable, the reasonableness of the belief is a factor in determining if there is an honest belief.

The colour of right does not include errors of fact and law.

 

Mischief

  •  (1) Every one commits mischief who wilfully

    • (a) destroys or damages property;

    • (b) renders property dangerous, useless, inoperative or ineffective;

    • (c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or

    • (d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

  • Mischief in relation to computer data

    (1.1) Everyone commits mischief who wilfully

    • (a) destroys or alters computer data;

    • (b) renders computer data meaningless, useless or ineffective;

    • (c) obstructs, interrupts or interferes with the lawful use of computer data; or

    • (d) obstructs, interrupts or interferes with a person in the lawful use of computer data or denies access to computer data to a person who is entitled to access to it.

  • Punishment

    (2) Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.

  • Punishment

    (3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Idem

    (4) Every one who commits mischief in relation to property, other than property described in subsection (3),

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

    • (b) is guilty of an offence punishable on summary conviction.

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